Judge won't allow Blago defense to subpoena Obama

The judge overseeing the corruption case against former Gov. Rod Blagojevich has denied a defense motion to issue a subpoena for the testimony of President Barack Obama.

U.S. District Judge James Zagel said he does not believe Obama's testimony would be material to the charges.

Zagel said the defense motion fell "very short" of demonstrating a need to subpoena the president.

The defense had said it wanted to question the president about Blagojevich's alleged attempt to sell the U.S. Senate seat left vacant when Obama was elected.

Blagojevich allegedly met with a union official about getting something from the Obama administration in exchange for nominating Obama friend Valerie Jarrett to the seat. The defense seemed to want to explore whether the official was actually representing the Obama camp, which the judge said is immaterial.

"The only material aspect is what the defendant believed," Zagel said, not what the official's role was in reality.

Zagel said the issue could be revisited later in the trial.

After the hearing, defense lawyer Sheldon Sorosky noted Zagel did not fully shut the door on the subpoena.

"The judge did say that he still might allow the president to testify later on should it become necessary," Sorosky said.

Obama could be needed to dispute allegations raised by fundraiser Antoin "Tony" Rezko, who may be a witness in the case, Sorosky said.

The White House is going to "continue not to comment," deputy press secretary Bill Burton said.

Obama has insisted that he and top aides were never part of any deals for the Senate seat and were unaware that Blagojevich may have been scheming to use his appointment power to enrich himself.

Defense attorneys did not indicate otherwise in their motion, but they had contended that Obama's public statements contradict those of other potential prosecution witnesses.

The defense filing cited FBI interviews with labor officials, including one who said he spoke to Obama on the eve of his Nov. 4, 2008 election and said the soon-to-be-president believed that Jarrett "would be a good senator for the people of Illinois." The union official said he told Obama he would convey that message to Blagojevich.